OFCCP: Ask the Experts

OFCCP Ask the Experts

OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS

Ask the Experts is an online forum where federal contractors and subcontractors are invited to submit questions to industry experts related to OFCCP compliance, affirmative action planning, and equal employment opportunity. Simply register your company on LocalJobNetwork.com to submit a question.

We are a federal government contractor and there are times we engage staffing companies to recruit on our behalf. When asking a 3rd party agency to recruit for an open requisition exclusively, which also means we are NOT actively recruiting for roles we pass to them. When we hire the candidate they presented, what do we need to do from a reporting standpoint?

They were given the responsibility to recruit and fill the requirement.No company recruiter working on those requirements.Hiring decision made on their candidate.We hire and onboard that candidate.

We are considering acquiring a company in Ontario, Canada. Does Canadian or Provincial law require the use of EEO type taglines or other mandatory information when posting job opportunities? To my knowledge, the targeted firm does not engage in any contract work with either Provincial or Federal governments. Thanks.

I do not believe that Ontario requires a tagline. I have found its Human Rights Commission website to be helpful in the past. http://www.ohrc.on.ca/en/iv-human-rights-issues-all-stages-employment/3-advertising

I am not familiar with requirements of other Provinces or Canadian law.

FQHC Posting Requirements

Asked by Dayna S. - Nov 21, 2017

My organization is an FQHC (Federally Qualified Health Center). Are we required to comply with OFCCP?

Jurisdiction is often tricky both for contractors and the agency. Being an FQHC doesn’t necessarily make a company required to comply with the laws enforced by OFCCP, but it doesn’t mean that the company is not a federal contractor either. Likely, a little more research needs to be done based on the facts of your situation.

Timeframe for Data Analysis

Asked by Anonymous - Nov 20, 2017

Last year was the first year we were required to develop an AAP and the dates we published were Jan 1, 2017 - Dec 31, 2017. It is my understanding that the analysis of data should be based on a snapshot of a specific date. Does that date have to fall within that year? Or is it the last day of the year and if it's the last day of 12/31/17, what date am I required to publish the 2018 AAP with the data analysis?

The Hires, Applicants, Promotions, and Terminations should be dated beginning (and including) the full year. In your case January 1, 2017 through December 31, 2017. The employee snapshot should be dated December 31, 2017. Best practice in this case is to prepare the plan as soon as reasonably possible after the first of the year. The regulations state that the AAPs must be updated annually. If audited, the company will be required to submit the plan and accompanying data within 30 days, so the plan should be in place before thirty days, of course.

OFCCP Interview

Asked by Anonymous - Nov 20, 2017

I would like to know if an employer has any control over releasing information (name and contact information) for management employees no longer with the company. Also, can the employer ask for a copy of the interview note(s), or have a company representative present during the interview?

This is a very good question and a very difficult area to navigate successfully. According to the regulations:

Sec. 60-1.20 Compliance evaluations. (ii) An on-site review, conducted at the contractor's establishment to investigate unresolved problem areas identified in the AAP and supporting documentation during the desk audit, to verify that the contractor has implemented the AAP and has complied with those regulatory obligations not required to be included in the AAP, and to examine potential instances or issues of discrimination. An on-site review normally will involve an examination of the contractor's personnel and employment policies, inspection and copying of documents related to employment actions, and interviews with employees, supervisors, managers, hiring officials..."

The regulations do not limit the OFCCP's authority to contact former employees or management, and in my experience, both when I was with the agency and since, they frequently do. The employer can ask for a copy of the interview questions, but I do not expect the agency would turn them over to anyone outside of the OFCCP. It is almost always best practice to have a representative present in any and all management interviews.

OFFICE On-site

Asked by Anonymous - Nov 18, 2017

I would like to know if the OFCCP CO can request an employee (representing management) to come to their office for an interview? Do they have this authority?

The OFCCP can make this request. There is nothing in the regulations that prohibits such a request. It is important to understand what the regulations require so that a contractor can draw a clear line between its obligations and what is simply a request. The regulations at Sec. 60-1.20 Compliance evaluations (ii) state that an on-site review is "conducted at the contractor's establishment" and "will involve an examination of the contractor's personnel and employment policies, inspection and copying of documents related to employment actions, and interviews with employees." A company can refuse this request. However, one must consider that such refusal could bring a full onsite visit by the agency. Since compliance officers are already there for one employee, they will often go ahead with additional inspection or interviews.

This forum provides information of a general nature. None of the answers or information provided is intended as legal advice or opinion relative to specific matters, facts, situations, or issues. Additional facts and information or future developments may affect the subjects addressed. You should consult with an attorney about your specific circumstance before acting on any of this information since it may not be applicable to your situation. The Local JobNetwork™ and all experts expressly disclaim all liability with respect to actions taken or not taken based on any or all of the contents of this forum.